A 28-year-old woman who sustained catastrophic injuries shortly after her birth can proceed with her legal action against the consultant gynaecologist following a court ruling.
Jane Harte was born at a private maternity hospital in Cork where Pallany Pillay was the attending consultant gynaecologist on the 8 October, 1995.
Seventeen hours after her birth, she was transferred to another hospital for specialist neonatal treatment, where she was diagnosed with sepsis and meningitis.
The court heard that septic shock and meningitis caused her catastrophic injuries, for which she will need full time care for the rest of her life.
Suing through by her mother Olivia, Jane Harte claims Pallany Pillay's negligence led to a delay in her treatment and if she had been treated earlier, when she showed signs of respiratory distress, she would not have developed septic shock and meningitis.
Lawyers for Pallany Pillay, now retired, made an application to dismiss the proceedings, claiming the delay put him at risk of an unfair trial.
He claims his ability to defend the case is compromised by the absence of his medical records.
He says he has no memory of Ms Harte's birth at Cork General Hospital or her transfer to the Erinville.
Mr Pillay says he shredded patient charts in 2015 as he was due to retire and the hospital was closing.
Ms Justice Marguerite Bolger said she was not satisfied that Mr Pillay is at a real and substantial risk of an unfair trial and refused the application.
